What is GINA?

The Genetic Information Nondiscrimination Act of 2008 (GINA) is a federal law that protects individuals from genetic discrimination in health insurance and employment. Genetic discrimination is the misuse of genetic information. This resource provides an introduction to GINA and its protections in health insurance and employment. It includes answers to common questions and examples to help you learn. Choose from one of the boxes to the left to begin!

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Genetic Information

The genetic information protected by the law includes family health history, the results of genetic tests, the use of genetic counseling and other genetic services, and participation in genetic research.

Genetic information helps you know and understand health conditions that run in your family, as well as your risk for developing certain health conditions or having a child with certain conditions. This information can help you make healthy lifestyle choices and important life and medical decisions. It also helps your doctor in providing you the best care possible.

With GINA’s protections, you can feel more comfortable talking about family health history with your family and healthcare providers. You may choose to use genetic testing and other services to learn about health risks without fear of genetic discrimination.

This means it is against the law for your health insurer to use a genetic test result or family health history as a reason to deny you health insurance, or decide how much you pay for your health insurance.

In addition, GINA makes it against the law for your health insurer to:

Consider family history or a genetic test result a pre-existing condition

Ask or require that you have a genetic test

Use any genetic information they do have to discriminate against you, even if they did not mean to collect it

GINA & Your Job

GINA makes it against the law for employers to use your genetic information in the following ways:

To make decisions about hiring, firing, promotion, pay, privileges or terms

To limit, segregate, classify, or otherwise mistreat an employee

This means it is against the law for your employer to use family health history and genetic test results in making decisions about your employment.

It is also against the law for an employer to request, require, or purchase the genetic information of a potential or current employee, or his or her family members. There are a few exceptions to when an employer can legally have your genetic information. If an employer does have the genetic information of an employee, the employer must keep it confidential and in a separate medical file.